C.A. DICKERSON; Roland R. Pennington; David Vukovic, Plaintiffs-Appellees,
v.
Doyne BAILEY, in his official capacity as administrator of the Texas Alcoholic Beverage Commission, Defendant-Appellant.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
June 26, 2003.
June 26, 2003.
Attorney(s) appearing for the Case
Mark C. Harwell (argued), Cotham, Harwell & Evans, Houston, TX, Sterling W. Steves, Fort Worth, TX, for Plaintiffs-Appellees.
Philip Andrew Lionberger, Deputy Sol. Gen., W. Reed Lockhoof, Asst. Atty. Gen., Rance Lamar Craft (argued), Austin, TX, for Bailey.
Louis R. Cohen, Todd Cornelius Zubler, C. Boyden Gray, Wilmer, Cutler & Pickering, Mitchell Craig Wolf, Washington, DC, for Wine & Spirits Wholesalers of America, Inc., National Ass'n of Beverage Importers, American Beverage Licensees, National Beer Wholesalers Ass'n, Coalition of Licensed Beverage Ass'ns and Presidents' Forum of the Beverage Alcohol Industry, Amici Curiae.
James M. Goldberg, Goldberg & Associates, Washington, DC, for National Alcohol Beverage Control Ass'n Inc. and National Conference of State Liquor Administrators, Amici Curiae.
Steven M. Simpson, Clint Russell Bolick, William H. Mellor, Institute for Justice, Washington, DC, for Swedenburg, Swedenburg Winery, Lucas and Lucas Winery, Amici Curiae.
Tracy Sue Carlin, Mills & Carlin, Jackson, FL, Kevin Murray Fong, Pillsbury Winthrop, San Francisco, CA, Tracy K. Genesen, Hyde, Miller, Owen & Trost, Sacramento, CA, for Family Winemakers of California and Coalition for Free Trade, Amici Curiae.
Before WIENER and CLEMENT, Circuit Judges, and LITTLE, District Judge.
United States Court of Appeals, Fifth Circuit.
WIENER, Circuit Judge:
Defendant-Appellant Doyne Bailey, in his official capacity as Administrator of the Texas Alcoholic Beverage Commission (the "Administrator"), appeals from the district court's grant of summary judgment to Plaintiffs-Appellees C.A. Dickerson et al. ("Plaintiffs"). Plaintiffs have challenged portions of the Texas Alcoholic Beverage Code ("TABC") that regulate the sale and importation of wine by citizens of the State of Texas from out-of-state...
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